Citation Nr: 20053334 Decision Date: 08/12/20 Archive Date: 08/12/20 DOCKET NO. 12-26 405 DATE: August 12, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected degenerative joint disease of the left knee is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1979 to December 1984. This matter come before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In April 2016, the Veteran testified before the undersigned Veterans Law Judge during a Board video conference hearing. The Board notes that the issue of entitlement to a rating in excess of 10 percent for a left knee disability and entitlement to a total disability rating based on individual unemployability (TDIU) were also on appeal with this claim in an April 2019 Board decision. However, those issues were remanded and are not currently before the Board in this remand and will be adjudicated in a separate decision. The Veteran’s claim for service connection for an acquired psychiatric disorder was previously before the Board in September 2016 but was remanded for additional development of the record and for a psychiatric examination. In an April 2019 Board decision, his claim for service connection for an acquired psychiatric disorder, to include as secondary to degenerative joint disease of the left knee was denied. Subsequently, he appealed to the Court of Appeals for Veterans Claims (CAVC), and in a February 2020 Joint Motion for Partial Remand (JMPR), CAVC vacated the April 2019 Board decision and remanded the claim back to the Board. In a February 2020 JMPR, the parties stipulated that the Board erred when it failed to obtain relevant private treatment records. The parties stipulated that during an August 2013 VA examination, the Veteran stated he voluntarily admitted himself for treatment for anxiety at a private hospital in Longwood, Florida in 2011, and that those records were not obtained prior to adjudication of his claim. The parties further stipulated that the Board erred by relying on an inadequate August 2017 VA medical opinion in adjudicating the Veteran’s claim for an acquired psychiatric disorder. The parties stipulated that the VA examiner observed that 11 VA treatment records from 2013 to 2017, relating to the Veteran’s psychiatric condition, did not associate the left knee or pain associated with the left knee with his mental health condition and that only one note from 2009 made an association. The parties stipulated that additional VA treatment records indicate an association between the Veteran’s left knee and his mental health condition. The parties agreed that the error is prejudicial because the August 2017 VA examiner’s opinion is based on the number of treatment records that do not show an association between the knee pain and his psychological health but cited an incorrect number of positive records. Thus, in light of these deficiencies, a remand is required to allow the RO to obtain the outstanding VA and private treatment records and to obtain another medical opinion, with consideration of all lay and medical evidence in the Veteran’s claims file. The matters are REMANDED for the following action: 1. Contact the Veteran to obtain outstanding records of pertinent medical treatment relating to his acquired psychological disorder from VA or private health care providers, to specifically include treatment at a private hospital in Longwood, Florida in 2011. 2. After, schedule the Veteran for a VA examination for his acquired psychiatric disability. Return the claims file and a copy of this remand to an appropriate examiner. The examiner must review the entire claims file and note that review in the opinion. The examiner must provide an opinion for the following questions: a) Is it at least as likely as not (50 percent probability or greater) that his acquired psychiatric disorders are causally or etiologically related to an in-service event, injury, or illness? b) Is it at least as likely as not (50 percent probability or greater) that his acquired psychiatric disorders are proximately due to his service-connected degenerative joint disease of the left knee? c) Is it at least as likely as not (50 percent probability or greater) that his acquired psychiatric disorders have been aggravated (worsened in severity beyond the natural progression of the disability) by his service-connected degenerative joint disease of the left knee? A complete and detailed rationale for these opinions should be provided for every opinion requested by the examiner. 3. After, readjudicate the Veteran’s claims in light of all the evidence of record. If any benefit sought is denied, the Veteran and his representative should be provided with a Supplemental Statement of the Case (SSOC) and afforded an appropriate opportunity to respond. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Xiong, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.